Hustler Magazine, Inc. v. Falwell

February 24, 1988

1. Facts of Case

Hustler Magazine, Inc. v. Falwell

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0485_0046_ZS.html

February 24, 1988

A famous commentator and minister was parodied in hustler magazine having incestuous relations with his mother in an outhouse. He sued for libel and intentional emotional distress. He appealed the ruling and once again the judges upheld the previous courts decision.

2. Legal Issue

The question before us at hand is whether Hustler Magazine was libelous in its parody. The second part that the case asks us to answer is whether there was actual malice in their parody and did it cause emotional stress. Was there parody unconstitutional or was it protected under out first amendment rights?

3. Decision

The decision of the court was that thy found against his libel claim but did uphold his claim of emotional distress. The court also ruled that it did not meet the standard of actual malice set forth by New York Times vs. Sullivan. The courts did however give him money for punitive damages.

4. Analysis

The courts said it was not libelous because it could not be described as stating actual facts or events. They believed that the ad was protected under out first amendment rights.

5. Questions

·      What is factors could you use to determine if there was actual malice? When I read this I thought about the type or magazine it was in which is known for provocative writing.

 

·      How does this case differ from Sullivan vs. New York?

 

·      How would you rule on this case would you agree with the judges decision?